A coffee brand entering China may need its English name and Chinese name on coffee today, protection for café services next year, and a way to spot sound-alike filings. Put each risk on a separate line in the portfolio plan. A filing for a future café, a defensive filing for an established brand and a watch for copycats each address a different problem.
Start with the goods and names you will actually use
List the products, services and marks the China business will launch. Search the word mark, logo and planned Chinese name. For each filing, map the actual product to accepted goods descriptions and review China’s similarity groups. Two items can sit in the same Nice class and receive different treatment. In the coffee example, coffee products and café services need separate coverage analysis. China trademark classes and similarity groups · Choosing a Chinese brand name
For planned expansion, record why each category is on the list. A launch plan, distribution negotiation or product development record helps distinguish a concrete business plan from a speculative category. If a third party has already filed a sound-alike, compare the actual goods and assess the grounds for opposition or invalidation separately. Filing your own variant does not resolve the earlier application. Trademark Law, Articles 30–33 and 45
Decide where a defensive filing is justified
Under the current examination guidance, limited defensive applications for an established core mark and reasonable filings for future business can be justified. CNIPA distinguishes these from excessive filings without genuine use intent. For each additional category, document the core mark, its goodwill, the specific risk of appropriation or harm, and why the scope is proportionate. For sound-alikes and transliterations, prioritise names you plan to use and put other variants on a watch list unless you have a concrete filing rationale. CNIPA examination guidance on bad-faith filings
The revised Trademark Law takes effect on 1 January 2027. Article 19 bars applications made without an intention to use that also clearly exceed normal business needs. A filing rationale and evidence of actual use serve different purposes. Even if a defensive mark registers, it can face cancellation after three consecutive years of non-use without justification. Current Trademark Law, Articles 4 and 49 · Revised Trademark Law, Articles 19, 57 and 87
What the portfolio review should capture
For each mark and category, record the intended owner, goods or services, filing rationale, use evidence and watch terms. Add Chinese characters, likely phonetic variants and the names of key distributors or manufacturers to the watch where relevant. Review the list when a launch changes or a distribution agreement ends. If the business is later sold, flag related registrations early because similar marks on identical goods and identical or similar marks on similar goods may have to move together. Trademark Law, Article 42 · Distributor and manufacturer squatting